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  • ilwaiting
    04-25 12:42 PM
    I'm sure the language should be worked out by USCIS as to whats best and whats not. Perhaps the "continous residency rule in US" need to be enacted. If a person leaves the country for a certain amount of time when on H1B may be > 6 months or 1year would loose his PD.


    But atleast the proposal need to be before the rule makers

    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.

    Interesting!!!




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  • SkilledWorker4GC
    07-15 04:51 PM
    Can we send out an email to all 30k members asking for contribution to High Five funding drive? It is quiet possible that many might not have logged on since yesterday.




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  • smuthu2000
    07-13 06:13 PM
    artesia CA




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  • mirage
    08-04 10:19 AM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

    -------------------------------------------------------

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



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  • immigc06
    03-05 11:32 AM
    I received an RFE today, i guess it will be one more week before we get the hard copy on RFE. I'll update once i get more details.




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  • SkilledWorker4GC
    07-15 11:23 AM
    ^^^^^



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  • Legal
    06-03 09:20 AM
    :rolleyes:

    http://www.aila.org/content/default.aspx?docid=22481

    may address this issue. Look at page 3 of this AILA post. Even AILA's interpretation is not that clear.




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • jonty_11
    07-23 03:30 PM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years




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  • fightforit
    04-30 03:06 PM
    I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
    However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?



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  • ajay
    04-30 08:59 AM
    I did call and left a voice message as suggested by Pappu.
    Hope for the best. Support IV as always.




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  • legalVoice
    05-03 09:56 AM
    Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.


    I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.

    In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?

    My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.



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  • pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.




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  • amitjoey
    06-05 04:28 PM
    There is a lot of merchandise under $20 that members can buy, proceeds (only a small- portion) goes to IV.



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  • immi_seeker
    10-01 05:46 PM
    After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.

    but again it all depends on how they view this.These are cry from our end..




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  • RNGC
    06-27 02:34 PM
    Excellent..Thanks very much for this ..George Will is very well know...he comes in ABC News This Week on Sundays.



    http://www.washingtonpost.com/wp-dyn/content/article/2008/06/25/AR2008062501945.html?hpid=opinionsbox1

    Building a Wall Against Talent

    By George F. Will
    Thursday, June 26, 2008; A19

    georgewill@washpost.com



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  • skv
    08-12 05:32 PM
    Will do the same Diptam and Lonedesi! If employer asks us later : why did you send the letter, we can address it at that time.

    We have to take risk, we if want to some progess our I-140 cases.

    Good night and see you later.




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  • chanduv23
    09-17 10:42 AM
    I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579

    Thanks for your contribution and support, please urge other friends to make it to DC




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  • jambapamba
    07-06 02:07 PM
    Are they really accepting applications? What do you mean by accpeting!? They are just taking the applications but are not opening it. There is already a queue for opening those....and currently they are opening the applications recieved in Jun20th and around(I am just basing on the 485 applicants submitted around that timeframe and have not recieved a receipt notice yet). They will get to the ones as time goes by.....:rolleyes:

    I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.




    chandsri81
    04-25 08:52 AM
    Hi

    I just applied for a mortgage from BOA. The loan officer did not recognize what AOS was and asked me for an H1B - which has expired.

    I explained about AOS and EAD and told her I could give the I-485 receipt, and she took in my application.
    But I'm worried that my loan will be denied after underwriting - my closing is on 5/26 and I probably will not hear from the bank until second week of may.

    Does anyone know of Banks in MA that give loans to EAD?

    Chandana




    billu
    08-05 01:40 PM
    hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
    what is the scenario for someone like me who would file I-140 in the next couple of months?
    what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
    how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
    thanks



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